2006 (5) TMI 347 - AT - Central Excise

Summary

Issues:
- Entitlement to take credit of duty paid by the supplier on inputs received.

Analysis:
The case involved appeals against orders passed by the Commissioner of Central Excise (Appeals), Hyderabad, regarding the entitlement of M/s. GTN Textiles Limited to take credit of duty paid by the supplier on inputs received. The issue was whether the appellants could claim credit of the entire duty paid by the supplier, M/s. GTN Textiles, Alwaye, a 100% EOU, while clearing the inputs. The Commissioner, applying the first proviso to Notification No. 5/94-CE, held that the credit should be restricted to the duty equal to the additional duty leviable on like goods. The appellants contended that the duty paid was only excise duty and should not be dissected to restrict the Modvat credit, relying on a previous decision. The learned Consultant for the appellants argued that the duty payment was only excise duty, not customs duty, and should be eligible for full credit. However, no specific reference was made to the restriction under Notification 5/94, which limits Modvat credit.

The Tribunal carefully examined the case records and the relevant notification, which specified the goods eligible for Modvat credit. The first proviso of the notification imposed a restriction on the credit to the extent of duty equal to the additional duty leviable on like goods under the Customs Tariff Act. The duty payment details provided in the impugned order were analyzed for each appeal. In Appeal E/811/2004, the total duty paid was Rs. 2,23,690, with an additional duty component of only Rs. 7,085. In Appeal E/812/2004, the total duty paid was Rs. 1,64,716, with an additional duty component of Rs. 36,728. The Tribunal concluded that the impugned orders were legal and proper, upholding the restriction on Modvat credit based on the duty components. However, the penalty imposed was deemed unjustified as it resulted from a different interpretation of the law, leading to the penalty being set aside. Consequently, the appeals were disposed of accordingly.

The judgment was pronounced by the Appellate Tribunal CESTAT, Bangalore, with the detailed analysis highlighting the interpretation of the relevant notification, the restriction on Modvat credit, and the specific duty components considered for determining the credit eligibility. The decision provided clarity on the entitlement to credit of duty paid by the supplier on inputs received, emphasizing compliance with the provisions of Notification No. 5/94-CE and the limitations imposed therein.